Notice2022-23742
Phosphor Copper From the Republic of Korea: Continuation of Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 1, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on phosphor copper from the Republic of Korea (Korea) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order.
Full Text
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<title>Federal Register, Volume 87 Issue 210 (Tuesday, November 1, 2022)</title>
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[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Notices]
[Pages 65747-65748]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23742]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-885]
Phosphor Copper From the Republic of Korea: Continuation of
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on phosphor copper
from the Republic of Korea (Korea) would likely lead to continuation or
recurrence of dumping and material injury to an industry in the United
States, Commerce is publishing a notice of continuation of the AD
order.
DATES: Applicable November 1, 2022.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482- 8362.
SUPPLEMENTARY INFORMATION:
Background
On April 24, 2017, Commerce published the AD order on phosphor
copper from Korea.\1\ On March 1, 2022, the ITC instituted,\2\ and
Commerce initiated, the first sunset review of the Order, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\3\ As a
result of its review, Commerce determined that revocation of the Order
would likely lead to continuation or recurrence of dumping and,
therefore, notified the ITC of the magnitude of the margin likely to
prevail should the Order be revoked.\4\
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\1\ See Phosphor Copper from the Republic of Korea: Antidumping
Duty Order, 82 FR 18893 (April 24, 2017) (Order).
\2\ See Phosphor Copper from Korea; Institution of a Five-Year
Review, 87 FR 11467 (March 1, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416
(March 1, 2022) (Sunset Initiation). In the Sunset Initiation,
Commerce inadvertently listed the wrong case number for Order.
Commerce noted the correct case number, A-580-885, in a subsequent
sunset initiation notice. See Initiation of Five-Year (Sunset)
Reviews, 87 FR 19069 (April 1, 2022).
\4\ See Phosphor Copper from the Republic of Korea: Final
Results of the First Expedited Sunset Review of the Antidumping Duty
Order, 87 FR 40502 (July 7, 2022) (Expedited Final Results), and
accompanying Issues and Decision Memorandum.
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On October 25, 2022, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Phosphor Copper from Korea, 87 FR 64522 (October 25,
2022).
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Scope of the Order
The merchandise covered by the Order is master alloys \6\ of copper
containing between five percent and 17 percent phosphorus by nominal
weight, regardless of form (including but not limited to shot, pellet,
waffle, ingot, or nugget), and regardless of size or weight. Subject
merchandise consists predominantly of copper (by weight), and may
contain other elements, including but not limited to iron (Fe), lead
(Pb), or tin (Sn), in small amounts (up to one percent by nominal
weight). Phosphor copper is frequently produced to JIS H2501 and ASTM
B-644, Alloy 3A standards or higher; however, merchandise covered by
the Order includes all phosphor copper, regardless of whether the
merchandise meets, fails to meet, or exceeds these standards.
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\6\ A ``master alloy'' is a base metal, such as copper, to which
a relatively high percentage of one or two other elements is added.
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Merchandise covered by the Order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheading 7405.00.1000. This HTSUS subheading is provided for
convenience and customs purposes; the written description of the scope
of the Order is dispositive.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or a
recurrence of dumping, as well as material injury to an industry in the
United States, pursuant to section 751(d)(2) of the Act, Commerce
hereby orders the continuation of the Order. U.S. Customs and Border
Protection will continue to collect AD cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise. The
effective date of the continuation of the Order will be the date of
publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate
the next five-year review of the Order not later than 30 days prior to
the fifth anniversary of the effective date of continuation.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of the APO is a sanctionable
violation.
[[Page 65748]]
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
section 751(c) of the Act and published in accordance with section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: October 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-23742 Filed 10-31-22; 8:45 am]
BILLING CODE 3510-DS-P
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